by iv4n.p4v1c | Oct 20, 2022 | FAQ
Any person whose copyright is infringed or threatened may request the court to prohibit an imminent infringement (i.e. request the court to order that a certain conduct be stopped).
by iv4n.p4v1c | Oct 20, 2022 | FAQ
To say that an action for declaratory judgement is subsidiary to other more specific actions means that the victim of a copyright infringement may request the court to simply declare the infringement only if it cannot assert more specific claims against the person who...
by iv4n.p4v1c | Oct 20, 2022 | FAQ
An action for declaratory judgement can be brought at any time. However, waiting can create arguments for the opposing party to use, who may consequently attempt to demonstrate tacit acceptance of the infringement in question.
by iv4n.p4v1c | Oct 20, 2022 | FAQ
First and foremost, the author, other owners of the copyright (e.g. the editor or exclusive licence holder if the licence agreement does not exclude this) and anyone in general who can demonstrate an interest which merits protection by declaratory judgement. This may...
by iv4n.p4v1c | Oct 20, 2022 | FAQ
There must be doubt regarding the legal situation between the parties which hinders the affected person in exercising their rights. If this is the case, a court ruling can clarify the situation. The aforementioned doubt must also be unreasonable for the affected...
by iv4n.p4v1c | Oct 20, 2022 | FAQ
If no evidence is given, a court will not be able to validate or refute a claim.
by iv4n.p4v1c | Oct 20, 2022 | FAQ
An action for declaratory judgement aims to establish whether a right exists when an illegal act has been reported (e.g. the failure to respect a copyright). When a rights holder suspects that their rights have been infringed, they can bring an action for declaratory...
by iv4n.p4v1c | Oct 20, 2022 | Good to know
Computer programs can also patented. Depending on the particular FOSS licence, patent rights are licensed as well.
by iv4n.p4v1c | Oct 20, 2022 | Good to know
The prohibition of technical measures relates primarily to DRM technologies (Digital rights management). DRM technologies restrict the use of a work, e.g. the distribution of a CD with copy protection that negates the right of reproduction, the right to distribute and...
by iv4n.p4v1c | Oct 20, 2022 | To consider
Once a work is distributed under a CC licence, this can practically no longer be reversed. In legal terms, all licence agreements would have to be cancelled with the consent of every person who has received a copy. The very task of finding everyone who owns a copy –...
